New rules for moving children between parents during lockdown

Minister of Social Development has published an amendment to South Africa’s current lockdown regulations to allow for the movement of children between family homes in specific circumstances.

The amendment is likely to provide clarity to divorced South Africans who have existing visitation agreements as well as other caregivers. However, with just over a week to go until the ‘official’ end of the country’s lockdown it is likely to come a little too late.

The amendments, which were published late on Tuesday (7 April) evening, state that the movement of children between parents or other caregiver is prohibited, except where arrangements are in place for a child to move from one parent to another, in terms of:

  • A court order;
  • Where a parental responsibilities and right agreement or parenting plan with the family advocate is in existence.

The regulations also state that the above applies only if the household to which the child is moving does not contain a person who has contact with (or may have reasonably come into contact with) another person with Covid-19.

The parent or caregiver transporting the child must also have in his or her possession a copy of the above court order.


Last week, the Department of Cooperative Governance and Traditional Affairs announced that it would also be relaxing the lockdown rules for people travelling to and from funerals.

Permit holders may stay at a hotel, lodge or guest house for the duration of the funeral or cremation but the permit must be presented to the owner or manager of the hotel, lodge or guest house.

South Africans who live outside a province or metropolitan area will now also be allowed to attend a funeral, provided they are:

  • The spouse or partner of the deceased;
  • Children of the deceased, whether biological, adopted or stepchildren;
  • Children-in-law of the deceased;
  • Parents of the deceased whether biological, adopted or stepparents;
  • Siblings, whether biological, adopted or stepbrother or sister of the deceased;
  • Grandparents of the deceased;
  • Persons closely affiliated to the deceased.

You can read the full amendment below:

Childcare Regulations 8 April 2020 by BusinessTech on Scribd

Read: 5 government-backed financial relief measures that South African businesses may not know about

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New rules for moving children between parents during lockdown